Tangible Evidence

Question 1

When is the Best Evidence Rule implicated?

Answer 1

This Rule requires that the original document OR a reliable duplicate be produced to prove the contents of a document.

However, this rule is only implicated in two narrow situations:
- when a witness is relying on the document while testifying (not seen here) or
- when the contents of the document are at issue (e.g., a written agreement in a breach-of-contract dispute, a will in a probate action).